July 1, 2015

Civil asset forfeiture ban, other laws go into effect today

Starting today, cops in New Mexico can no longer take personal property without convicting someone, child predators will face tougher penalties and frozen powdered alcohol products are now recognized as being under state liquor control.

These are just a handful of the 62 laws passed earlier this year during the regular state legislative session. Seventy-nine other new laws went into effect last month, while others with the emergency clause went into effect even earlier.

Opponents of civil asset forfeiture deemed it “policing for profit” since the funds from seized property would go towards the department’s coffers. Now, all seized property through criminal asset forfeiture will go to the state.

New Mexico Gov. Susana Martinez, a former district attorney in Las Cruces, was likely not predisposed to sign civil asset forfeiture reform. She waited until the last moment to sign the bill, doing so without public fanfare or ceremony. Her signing statement contains more criticism than praise for the legislation. But she signed it.

Also enacted today is an amendment to the state Sexual Exploitation of Children Act that makes the crime of offering to hire a child of 13 or under for sex acts a first degree felony. Before, the statute only specified the crime of hiring someone aged 13 to 16 for prostitution.

Also going into effect today is classifying frozen powdered alcohol products as drinks under state liquor control. The federal government recognizes powdered alcohol, known as palcohol, but states are also allowed to regulate it. Some states, like Arizona, Louisiana, Delaware, South Carolina and Vermont, have even banned palcohol. Not so in the Land of Enchantment. More on palcohol can be found here.

Related

More About

The state House of Representatives approved a $7 billion budget on Thursday, sending to the Senate a plan for the next fiscal year that would provide nearly half a billion dollars in additional funds for public schools but which Republicans say amounts to an outsize increase in government spending. House Bill 2 would mark an 11 percent bump in New Mexico's budget, drawing on a surplus fueled by an oil and gas boom.

The state Senate narrowly approved a bill Thursday that would require just about anyone buying a firearm to undergo a background check. This legislation has been a priority for gun control advocates, but all 16 Republicans and four Democrats in the Senate said it would not prevent the sort of mass shootings that have spurred calls for such laws.

All week, we look for stories that help New Mexicans better understand what’s happening with water, climate, energy, landscapes and communities around the region. Thursday morning, that news goes out via email.

Albuquerque Mayor Tim Keller this week told city police officers to stop the city’s DWI vehicle seizure program. Under existing ordinance, the police department can impound vehicles after DWI arrests, but before the driver has been convicted.

Albuquerque Mayor Tim Keller this week told city police officers to stop the city’s DWI vehicle seizure program. Under existing ordinance, the police department can impound vehicles after DWI arrests, but before the driver has been convicted.

Join the Conversation on Twitter

Recent Posts

The state House of Representatives approved a $7 billion budget on Thursday, sending to the Senate a plan for the next fiscal year that would provide nearly half a billion dollars in additional funds for public schools but which Republicans say amounts to an outsize increase in government spending.

Joey Peters has been a journalist for nearly a decade. Most recently, his reporting in New Mexico on closed government policies earned several accolades. Peters has also worked as a reporter in Washington DC and the Twin Cities. Contact him by phone at (505) 226-3197.